81 FR 11275 - Privacy Act of 1974; Effective Date-April 2, 2016; Expiration Date-October 2, 2017

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services

Federal Register Volume 81, Issue 42 (March 3, 2016)

In accordance with the requirements of the Privacy Act of 1974, as amended, this notice announces the establishment of a computer matching program that CMS plans to conduct with the Department of Veterans Affairs, Veterans Health Administration (VHA).

[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11275-11276]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04735]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS Computer Match No. 2016-08; HHS Computer Match No. 1605]


Privacy Act of 1974; Effective Date--April 2, 2016; Expiration 
Date--October 2, 2017

AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of 
Health and Human Services (HHS)

ACTION: Notice of Computer Matching Program.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, this notice announces the establishment of a computer 
matching program that CMS plans to conduct with the Department of 
Veterans Affairs, Veterans Health Administration (VHA).

DATES: Effective Dates: Comments are invited on all portions of this 
notice. Submit public comments on or before April 1, 2016. This 
computer matching program will become effective no sooner than 40 days 
after the report of the computer matching program is sent to the Office 
of Management and Budget (OMB) and copies of the agreement are sent to 
Congress, or 30 days after publication in the Federal Register, 
whichever is later.

ADDRESSES: The public should send comments to: CMS Privacy Officer, 
Division of Security, Privacy Policy and Governance, Information 
Security and Privacy Group, Office of Enterprise Information, CMS, Room 
N1-24-08, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. 
Comments received will be available for review at this location, by 
appointment, during regular business hours, Monday through Friday from 
9:00 a.m.-3:00 p.m., Eastern Time zone.

FOR FURTHER INFORMATION CONTACT: Elizabeth Kane, Acting Director, 
Verifications Policy & Operations Division, Eligibility and Enrollment 
Policy and Operations Group, Center for Consumer Information and 
Insurance Oversight, CMS, 7501 Wisconsin Avenue, Bethesda, MD 20814, 
Office Phone: (301) 492-4418, Facsimile: (443) 380-5531, E-Mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The Computer Matching and Privacy Protection 
Act of 1988 (Pub. L. 100-503), amended the Privacy Act (5 U.S.C. 552a) 
by describing the manner in which computer matching involving Federal 
agencies could be performed and adding certain protections for 
individuals applying for and receiving Federal benefits. Section 7201 
of the Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101-508) 
further amended the Privacy Act regarding protections for such 
individuals. The Privacy Act, as amended, regulates the use of computer 
matching by Federal agencies when records in a system of records are 
matched with other Federal, state, or local government records. It 
requires Federal agencies involved in computer matching programs to:
    1. Negotiate written agreements with the other agencies 
participating in the matching programs;
    2. Obtain the Data Integrity Board approval of the match 
agreements;
    3. Furnish detailed reports about matching programs to Congress and 
OMB;
    4. Notify applicants and beneficiaries that their records are 
subject to matching; and,
    5. Verify match findings before reducing, suspending, terminating, 
or denying an individual's benefits or payments.
    This matching program meets the requirements of the Privacy Act of 
1974, as amended.

Walter D. Stone,
CMS Privacy Officer, Centers for Medicare & Medicaid Services.
CMS Computer Match No. 2016-07

HHS Computer Match No. 1605
    Name: ``Computer Matching Agreement between the Department of 
Health and Human Services, Centers for Medicare & Medicaid Services and 
the Department of Veterans Affairs, Veterans Health Administration for 
the Verification of Eligibility for Minimum Essential Coverage under 
the Patient Protection and Affordable Care Act through a Veterans 
Health Administration Health Benefits Plan.''

SECURITY CLASSIFICATION:
    Unclassified.

PARTICIPATING AGENCIES:
    Department of Health and Human Services (HHS), Centers for Medicare 
& Medicaid Services (CMS), and the Department of Veterans Affairs, 
Veterans Health Administration.

AUTHORITY FOR CONDUCTING MATCHING PROGRAM:
    Sections 1411 and 1413 of the Patient Protection and Affordable 
Care Act of 2010 (Pub. L. 111-148), as amended by the Health Care and 
Education Reconciliation Act of 2010 (Pub. L. 111-152) (collectively, 
the ACA) require the Secretary of HHS to establish a program for 
applying for and determining eligibility for applicable State health 
subsidy programs and authorize the use of secure, electronic interfaces 
and an on-line system for the verification of eligibility.
    The Computer Matching and Privacy Protection Act of 1988 (CMPPA) 
(Pub. L. 100-503), amended the Privacy Act (5 U.S.C. 552a) and requires 
the parties participating in a matching program to execute a written 
agreement specifying the terms and conditions under which the matching 
will be conducted. CMS has determined that status verification checks 
to be conducted by the CMS Federal Data Services Hub and Federally-
facilitated Exchange using the data source provided to CMS by VHA 
constitute a ``computer matching program'' as defined in the CMPPA.

PURPOSE(S) OF THE MATCHING PROGRAM:
    The purpose of the Computer Matching Agreement is to establish the 
terms, conditions, safeguards, and procedures under which the VHA will 
provide records, information, or data to CMS for verifying eligibility 
for minimum essential coverage through a Veterans Health Care Program. 
A Veterans Health Care Program constitutes minimum essential coverage 
as defined in Section 5000A(f) of the Internal Revenue Code of 1986, 26 
U.S.C. 5000A, as amended by Sec.  1501 of the ACA. The VHA data will be 
used by (1) CMS in its capacity as a Federally-facilitated Exchange and 
the Federal eligibility and enrollment platform, and (2) agencies 
administering applicable State health subsidy programs. These entities 
will receive the results of verifications using information received by 
CMS through the CMS Federal Data Services Hub from Applicants and 
Enrollees that will be matched with the VHA data.

DESCRIPTION OF RECORDS TO BE USED IN THE MATCHING PROGRAM:
    The computer matching program will be conducted with data 
maintained by CMS in the Health Insurance Exchanges Program, CMS System 
No. 09-70-0560, as amended. The system is described in System of 
Records Notice published at 78 FR 63211 (Oct. 23, 2013).

[[Page 11276]]

    The computer matching program also will be conducted with data 
maintained in a VHA system of records. The VHA system of records for 
this matching program is titled ``Enrollment and Eligibility Records 
(VA) (147VA16); published at 74 FR 44901 (August 31, 2009) under 
Routine Use #14; and the Health Administration Center Civilian Health 
Medical Record--VA (CHAMPVA) (54VA16) using routine use No. 25, and 
Spina Bifida Healthcare Program published at 74 FR 34398 (July 15, 
2009) using routine use No. 13.

INCLUSIVE DATES OF THE MATCH:
    This computer matching program will become effective no sooner than 
40 days after the report of the computer matching program is sent to 
the Office of Management and Budget and copies of the agreement are 
sent to Congress, or 30 days after publication in the Federal Register, 
whichever is later. The matching program will continue for 18 months 
from the effective date and may be extended for an additional 12 months 
thereafter, if certain conditions are met.

[FR Doc. 2016-04735 Filed 3-2-16; 8:45 am]
 BILLING CODE 4120-03-P